News / India to detain second MSC ship as probe into MSC Elsa 3 sinking continues

Indian authorities have upped the legal pushback against the recent ship fire casualties involving MSC and Wan Hai Lines.

The Kerala high court today ordered the arrest/detention of a second MSC ship at Vizhinjam port, in response to a complaint filed by a local trading company claiming damages for loss of cargo on the MSC Elsa 3, which sank off Cochin on 24 May.

The MSC Polo II,  due to berth at Vizhinjam on Friday, will follow MSC Manasa F into detention following court action.

The court told the authorities they could arrest the ship once it entered the state’s territorial waters. The claim, by Sans Cashew India, against the Liberia-flagged MSC Polo II is reported to be in the region of $86,000.

The court allowed the release of the MSC Manasa F after a security deposit of about $700,000 had been paid, and it’s expected that the Geneva-based carrier will repeat the action in the case of MSC Polo II.

The 2002-built vessel is part of the carrier’s rapidly growing container shuttle operation out of Vizhinjam, known as the Chittagong Feeder service, connecting the southern India hub to Colombo and Hambantota in Sri Lanka and Chittagong in Bangladesh, available information shows.

With ‘total loss’ liability exposure, MSC could face more legal claims from other shippers, and similar court action.

Meanwhile, Kerala police authorities have filed criminal proceedings against Wan Hai Lines after the 9 June fire on Wan Hai 503, as it was en route from  Colombo port to Nhava Sheva. Shipowner Wan Hai and the crew face ‘rash navigation’ and other charges.

Following efforts spearheaded by Indian naval agencies and salvage service providers, the fire-ravaged Wan Hai 503 has been towed away from the Indian coastline to avert potential ecological damage.

However, four crew members are still missing, and the Taiwan carrier said it was making every possible effort to locate them.

As the Indian authorities turned up the legal heat, Wan Hai brought in additional assets to speed up salvage operations, including appointing TMC Marine, a member of international ship classification society Bureau Veritas, to assist T&T Salvage and insurers.

“We acknowledge the genuine concerns expressed by Indian maritime authorities of the risks of damage to their coastlines and marine environment,” the carrier said. “Wan Hai is actively assisting with the investigations by the Indian coastal state and the Singapore flag state authorities.”

The Indian coast has witnessed a series of ship accidents in the past few months – fire reported on the brand new Singapore-flagged MV Interasia Tenacity last week, fortunately quickly contained, the most recent.

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